lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF JULY, TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETmON NO: 7580 OF 2025 Between : 1. Santosh SI'ngh, S/o. late Luturu Singh, aged about 36 Years, Gandhinagar, sunabeda panchayati, similiguda police station Limit, Koraput District, Odisha State. 2. Bablu, S/o. RamakrI'Shun, aged about 33Years, Jasapurva Patti Post, Kanpur District, Uttar Pradesh State. Petitioners/Accused 3 & 4 AND The State of Andhra Pradesh, Rep. by Public Prosecutor, High court of Andhra Pradesh, Respondent/Complainant Petition under Sectl'on 483(1), 440(1) r/w 528 of BNSS., is filed praying that in the circumstances stated in the grounds filed I-n support of the CriminaIPetition, the High Court beg to present this Memorandum of criminal Petition seeking to relax/modl-fication of the bail order by thI-S Hon'ble Court, while granting bail dated 22-01-2025 in Crl.MP.No. 1441/2024 in Crime No. 97/2024 of Pachipenta police Station, Pachipenta Police Station, Parvathipuram Manyam District (formally Known as Vizianagaram District) The petI'tiOn coming On for heariflg, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of sri. KAKUMANU JOJI AMRUTHA RAJU, Advocate for the petitioners and of PUBLIC PROSECUTOR for the Respondent; The Court made the following ORDER: •''''''-_....: '._\{' I ? _ -' \+ The Criminal Petition has been filed under Section 483(1), 440(1) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity fthe BNSS]), seeking to modify the bail conditions passed by the learned Special Judge for Trial of Cases under NDPS Act-Gum-I Additional Sessions Judge, Vizianagaram'. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor. 3. The learned Special Judge for Trial of Cases under NDPS Act-cum- l AclditionaI Sessions Judge, Vizianagaram, on 22.01.2025 in CrI.M.P.No.1441 of 2024 in Crime No.97 of 2024 of Pachipenta Police Station, while enlarging the petitioners/accused Nos.3 and 4 on bail, imposed condition that the petitioners shall produce the local sureties. Insisting to produce the local sureties is against the judgment of the Hon'ble Apex Court in Moti Ram vs. State of Madhya Pradeshl and satender Kumar Antil vs. Central Bureau of Investigation and another2 4. Hence, the order of the trial Court at para 9 of the order, dated 22.01.2025 that the petitioners shall produce local sureties is liable to be interfered and set aside. Accordingly, the Criminal Petition is allowed and the petitioners/accused No.3 and 4 shall be enlarged on bail on furnishing personal bond for Rs.25JOOO/-each with two sureties each for a like sum each to the satisfaction of the learned Judicial Magistrate of lst class at Salur. The remaining conditions imposed by the learned Trial Court in CrI.M.P.No.1441 of 2024 in Crime No.97 of 2024 of Pachipenta Police Station on 22.01.2025 shall hold good. Sd/- K. Tata Rao DEPUTY REGISTRAR //TRUE COPY// To, 1. The Judicial Magistrate of First Class at Saluru. 2. The Superintendent, District Jail, Srikakulam. I ,,o7ft\ 4 C:r`r47 sECTIOfi7oFFICER HHBE- / 3. The Station House officer, pachipenta police station, parvathipuram Manyam DistrI'Ct. 4. One CC to SrI-. KAKUMANU JOJI AMRUTHA RAJU, Advocate [opuc] 5. Two CCs {o PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [ouT] 6. One spare copy JSS Note:i-_ The SatisfactI|On Court {[specI'al Judge for trial of offence under NDPS Act-Gum-I Additional District and sessions Judge, vizl|anagaram'' js amended as Judicial Magistrate of Fjrs{ class at salur as per court order dated. 30.08.2025. Substitute thI-S amended order I'n PIace of the earlier order which was dI'SPatChed on 29 July, 2025. | Sd/- K. Tata Rao Deputy RegI-Strar HIGH COURT DR.YLR, J DATED:28/07/2025 30/08/2025 BAIL ORDER (AMENDED) CRLP.No.7580 of 2025 ALLOWED